Park rangers said they did nothing wrong in issuing tickets

They claim being Type II whistleblowers for action against them in follow-up

Plaintiffs Michael O’Leary and Adam Thrash sought damages from defendants Genesee County and Amy McMillan on claims of violation of the Whistleblower Protection Act and ELCRA opposition/retaliation.

Plaintiffs were park rangers for the county. O’Leary was pursuing Aonie Gilcreast — husband of Frances Gilcreast, head of the Flint branch of the NAACP — for failing to yield to a fire truck that had its lights and siren activated and for initially failing to stop for a police emergency vehicle with its flashers on.

In pursuing Gilcreast to his house, Gilcreast rushed inside and claimed, “You’re not the real cops.” Frances Gilcreast then came out of the house and said to Thrash, who had arrived to assist O’Leary, “Do you know who I am?” Aonie Gilcreast was issued traffic tickets for failure to yield.

The county and McMillan, its superintendent of parks, allegedly tried to get O’Leary to void the ticket, claiming “he was out of his assigned area” and/or he “didn’t handle the whole matter well.”

O’Leary refused to void the tickets, and was later suspended and then terminated. Thrash was suspended without pay for 10 days.

Plaintiffs contended that they were “Type II” whistleblowers, because their employer (Genesee County) and its superintendent of parks Amy McMillan took adverse employment action against them for participating in defendants’ follow-up investigation concerning the issuance of the tickets.

Pursuant to MCLA 15.362, an employer cannot take an adverse action against an employee “… because an employee is requested by a public body to participate in an investigation, hearing, or inquiry held by that public body …”

The chief of the park rangers noted that the plaintiffs did not do anything wrong, and that other park rangers who did work “outside of their assigned area” had not received discipline for doing so.